Allahabad High Court
Man0J Kumar Gupta [ P.I.L.] vs State Of U.P.Through Its Collector ... on 23 July, 2010
Bench: Ferdino Inacio Rebello, Devi Prasad Singh
Chief Justice's Court Case :- MISC. BENCH No. - 6856 of 2010 Petitioner :- Man0j Kumar Gupta [ P.I.L.] Respondent :- State Of U.P.Through Its Collector Lucknow And Ors. Petitioner Counsel :- Basant Lal Respondent Counsel :- C.S.C. Hon'ble Ferdino Inacio Rebello,Chief Justice Hon'ble Devi Prasad Singh,J.
The petitioner is aggrieved by the illegal constructions. From the averments made in the petition, it appears that illegal constructions come upon a pond and there are other illegal constructions on the land beyond the area allotted to the parties concerned.
Considering the above controversy, the matter can be disposed of by issuing following directions.
(1) Insofar as the encroachments on the pond are concerned, the petitioner to file a complaint to the District Magistrate, Lucknow within fifteen days from today with specific particulars and the District Magistrate, Lucknow on receipt of the complaint to conduct an inquiry according to law and decide the same within a period of 12 weeks thereafter and communicate the decision taken to the petitioner and other affected parties.
(2) Insofar as illegal constructions beyond the area allotted are concerned, it will be open to the petitioner to make a complaint before the respondent no. 2-Executive Officer, Nagar Panchayat Itaunja, who will examine the same and if the constructions are found beyond the area allotted to the parties concerned, the respondent no. 2 will take action in accordance with law, at any rate not later than twelve weeks from the receipt of the complaint/application by the petitioner herein and communicate the same to the petitioner and other affected parties.
With the above observations, the petition stands disposed of.
(Devi Prasad Singh,J) (F.I. Rebello,CJ) Order Date :- 23.7.2010 RK